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PROCTOR | July 2016
Queensland Law Society
represents its members. In turn,
our members represent and act for
some of the most disadvantaged
people in the community.
As lawyers, we see this disadvantage at
first hand. And as lawyers we have a voice.
We have the privilege to know, and therefore
we have the duty to speak and to act.
What we see is the over-representation
of Indigenous people in jail, more deaths
in custody and the under-representation of
Indigenous people within our justice system.
It’s been 24 years since the Mabo decision,
20 years since the last significant report on
Indigenous deaths in custody, 18 years since
the advent of National Sorry Day (26 May),
and seven years since Australia gave its formal
support to the United Nations Declaration
on the Rights of Indigenous Peoples.
So why do I get the feeling that not much
has changed?
Because no amount of legal expression
of sorrow or regret, though appropriate,
is going to be effective without concrete
steps to ensure that some of the most
vulnerable people in our society are dealt
with equitably and fairly.
One concrete step we have welcomed
is the re-opening of the Murri Court in
our justice system.
The first of 14 Murri Courts was formally
launched in Rockhampton on 13 April
as part of the Government’s election
commitment to reinstate diversionary court
options for Aboriginal and Torres Strait
Islander (ATSI) people in Queensland.
Murri Courts first began in 2002 in response
to the disproportionate number of ATSI
people incarcerated in Queensland jails,
but were axed in 2012.
These courts provide access to culturally-
competent service providers and referral
pathways to address the underlying causes
of criminality. They have proven their worth in
diverting people from the criminal justice system.
A Murri Court is a Queensland Magistrates
Court which is available to sentence eligible
ATSI offenders who have pleaded guilty. It is
presided over by a magistrate, and supported
by local elders or respected persons who
provide cultural advice to the magistrate.
I hope that, as in Victoria, the Murri Court
concept will in time be extended to the
District Court.
The next concrete step is the announcement
that we are forming a reconciliation action
plan (RAP) working group to establish a RAP
for the Society. It is hoped that this group will
convene for the first time next month.
QLS is committed to promoting the principles
and practice of equity and diversity in the
Queensland legal profession and working
towards supporting, promoting and
improving access for Queensland Aboriginal
and Torres Strait Islander lawyers.
A RAP is not simply some kind of motherhood
statement. A RAP is a framework which sets
out practical plans of action for an organisation
to realise its vision for reconciliation, create
social change and build on relationships and
respect for ATSI Australians.
It starts with both internal and external
discussions and reflections with stakeholders
to set out the strategic direction and viable
actions for reconciliation, recognition, support
and promotion of Queensland ATSI lawyers.
The RAP working group will work closely with
Reconciliation Australia and Reconciliation
Queensland Inc. to settle the action plan
for Council approval and ultimately formal
recognition by Reconciliation Australia.
We look forward to working with Indigenous
representatives and the profession in
developing a QLS RAP.
With an Indigenous population of around
30% in Queensland prisons, another
‘concrete step’ I would like to see is greater
Indigenous representation within the judiciary.
Of the 90 or so magistrates in Queensland,
a handful – four – claim an Indigenous
heritage. For the judges of the District Court
and Supreme Court, there is zero Indigenous
representation, to the best of my knowledge.
While appointments to the judiciary
should always be based on merit, more
thought needs to be given to ensuring
that it reflects the diverse composition
and makeup of our society, and in this
we need to consider issues such as
the rate of Indigenous incarceration.
Finally, I will note that QLS has supported
the LawLink program for many years.
LawLink connects ATSI law students with
the profession and provides an opportunity
for them to gain a better understanding
of the practice of law.
Events on the LawLink calendar for this
year include an introduction to Crown
Law on 16 August and a visit to Legal
Aid Queensland on 4 October.
As always, I welcome your feedback on
action plans, mentoring proposals and other
initiatives you would like to see incorporated
into our QLS RAP.
Bill Potts
Queensland Law Society president
president@qls.com.au
Twitter: @QLSpresident
President’s report
Step-by-step
reconciliation
New working group to build action plan
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